Learn how payment claims work in Western Australia and how PayClaim helps prepare and serve unpaid construction invoice claims for a fixed $69.
Security of Payment laws are designed to help contractors and subcontractors claim payment for construction work without waiting months for unpaid invoices to be resolved. The process and deadlines vary by state, so it is important to use the correct rules for where the work was completed.
PayClaim helps make the process easier by collecting the key information, preparing the claim documents and serving them electronically based on the details you provide.
Eligibility depends on the work, contract, location and circumstances. For complex matters, seek legal advice.
You must serve it in time: The later of the contractual date or 6 months after the work was last carried out or the goods last supplied (section 23). Final payment claims have their own window.
The respondent has 15 business days after the payment claim is made, or the time required by the contract, whichever is earlier (section 25).
If no payment schedule is given in time, the respondent becomes liable to pay the claimed amount on the due date (section 26). A respondent that gave no schedule also cannot file an adjudication response or seek adjudication review.
20 business days after the claimant first becomes entitled to apply (section 28). The application is made to the adjudicator named in the contract if it names one, or otherwise an authorised nominating authority chosen by the claimant.
Keep copies of invoices, evidence, service records and correspondence. Proof of when and how the claim was served is what the timeframes above run from.
Which Act applies depends on when the contract was signed. The 2021 Act covers contracts entered into on or after 1 August 2022. Earlier contracts remain under the Construction Contracts (Former Provisions) Act 2004, which is a different regime with different deadlines. Western Australia also keeps an adjudication review that the eastern states do not have, and excludes some smaller home building work.
Statutory references on this page were checked against the consolidated Building and Construction Industry (Security of Payment) Act 2021 (WA) on the official Western Australia legislation website in July 2026. Timeframes interact with your contract and with the statutory due date for payment, so check your own contract. This is general information, not legal advice.
PayClaim prepares and serves formal Security of Payment claims in Western Australia under the Building and Construction Industry (Security of Payment) Act 2021 (WA) — for a flat $69.
Start Your $69 Claim →Western Australia is covered by the Building and Construction Industry (Security of Payment) Act 2021 (WA) for construction contracts entered into on or after 1 August 2022, and by the earlier Construction Contracts (Former Provisions) Act 2004 (WA) for contracts made before then. Like every Australian state and territory, Western Australia has its own Security of Payment legislation giving contractors, subcontractors and suppliers a statutory right to recover money owed for construction work — without first going to court.
Western Australia uses a different adjudication model to the east-coast states — payment timeframes are set by the contract or, where the contract is silent, by the Act. PayClaim accounts for these differences when preparing your claim.
Whatever your trade — electrician, plumber, concreter, carpenter, roofer, painter, tiler, scaffolder, formworker, earthmover or supplier — if you’ve performed construction work in Western Australia and you’ve issued an invoice that hasn’t been paid, the WA Security of Payment legislation is the legal lever built for your situation.
You don’t need to know the legislation to use PayClaim — you just need a few details about the job and the unpaid invoice:
For a flat $69, PayClaim:
Response deadlines depend on the state, the contract and the type of claim — PayClaim calculates the relevant deadline from the information you provide so you don’t have to.
Once served, the respondent has a statutory window under the WA Security of Payment legislation to either pay the claimed amount or formally respond setting out what they’re paying and what (if anything) they’re withholding. If they pay in full, you’re done. If they don’t respond, the unpaid amount may become a statutory debt enforceable through the courts. If they dispute the claim, you have the option to apply to a registered adjudicator for adjudication — a fast, lower-cost alternative to court.
PayClaim is built for the prepare-and-serve step. For complex disputes, adjudication strategy, court enforcement or insolvency-related matters, you should seek advice from a qualified construction lawyer in Western Australia.
Security of Payment gives you a fast, statutory path to be paid for construction work — separate from, and quicker than, court. Under the Building and Construction Industry (Security of Payment) Act 2021 (WA) (which applies to contracts entered into on or after 1 August 2022) the process runs like this:
Contracts entered into before 1 August 2022 run under the older Construction Contracts (Former Provisions) Act 2004 (WA), which uses a different timeframe and process. Western Australia also has an adjudication review step that the eastern-state schemes do not. PayClaim identifies which regime applies from the details you provide.
Adjudication is the engine of the Security of Payment scheme: a rapid, independent determination of how much you are owed, made by a registered adjudicator rather than a judge, designed to keep money moving on construction projects.
In Western Australia an adjudication application is made to the adjudicator named in your contract or, where the contract does not name one, to a registered adjudicator or prescribed appointer. The determination is binding and enforceable, typically costs a fraction of litigation, and is decided in weeks rather than months. If you need to lodge one, our adjudicators guide sets out the pathway for each state and territory. PayClaim prepares and serves the payment claim that starts this process; running the adjudication itself, or any court enforcement, is a separate step you take yourself or with a construction lawyer.
You serve a payment claim for the construction work you are owed. The other party pays, or serves a payment schedule setting out what they dispute. If they do not respond in time, the amount can become payable and you can apply for adjudication — a fast, independent decision that can be enforced like a debt.
The Building and Construction Industry (Security of Payment) Act 2021 (WA) covers construction contracts entered into on or after 1 August 2022. Contracts made before that date are covered by the Construction Contracts (Former Provisions) Act 2004 (WA).
If your payment claim is disputed or unpaid, you apply to the adjudicator named in your contract, or otherwise to a registered adjudicator or prescribed appointer, within the timeframe the Act sets. The adjudicator makes a binding determination of the amount owed.
The response window depends on the applicable Act and your contract. PayClaim calculates the exact response deadline for your claim from the details you provide and reminds you as it approaches. This is general information, not legal advice.
No. The scheme is built so contractors and subcontractors can use it without a lawyer. PayClaim prepares and serves a compliant payment claim for a flat $69. For a complex dispute, adjudication strategy or court enforcement, a construction lawyer is worth engaging.
PayClaim covers every Australian state and territory — see the guide for your jurisdiction: NSW · QLD · VIC · SA · TAS · ACT · NT.
Flat $69. Preparation, electronic service and proof of service included.
Start Your $69 ClaimEnter who owes you money, the amount unpaid, the work completed and the project location.
Add invoices, quotes, contracts, messages, photos and supporting documents.
PayClaim prepares the payment claim documents based on the information provided.
PayClaim electronically serves the claim and gives you a record of what was sent.
If the other party does not pay, they may respond, dispute the claim or ignore it. Your next options depend on the state, the contract, the amount claimed and the circumstances.
Some respondents pay once a formal claim is served.
They may reply, including with a payment schedule stating what they propose to pay.
You can consider adjudication, legal advice or other options.
If the deadline passes with no response, you may have further options depending on your state.
PayClaim does not provide legal advice, adjudication representation or court enforcement.
Start your claim, upload your evidence and only pay $69 when you're ready for PayClaim to prepare and serve it.